GANESH ALIAS AJEET Vs. STATE

JUDGEMENT

(1.) THE appellant/sole accused was tried in S.C.No.337 of 2006 on the file of the learned Additional District & Sessions Judge/Fast Track Court No.I, Coimbatore. By the judgment dated 24.05.2007, he was found guilty of the offence under Section 302 IPC and sentenced to undergo life imprisonment and also to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for three months. Challenging the said conviction and sentence, the present appeal has been filed.

(2.) THE case of the prosecution is that the appellant-accused had borrowed a sum of Rs.1,000/- from the deceased-Bagyaraj and the said amount was not repaid by the accused in spite of repeated requests. At about 8.00 p.m., on 3.6.2006, the accused had called the deceased to Maasaniamman Temple on the promise that he will repay the amount. Believing his words, the deceased went to see the accused at Maasaniamman Temple. However, the accused, by uttering that only if the deceased is alive he would demand the money, threw chilli powder on the face of the deceased and stabbed him with the knife. THEreafter the accused ran away from the place of occurrence. Later on the deceased was found fighting for his life by P.Ws.3 & 4 apart from one Padmavathi, wife of P.W.4. On seeing the deceased fighting for his life, the said Padmavathi intimated the control room through her cell phone.

(3.) P.W.28, the Inspector of Police attached to B-7 Ramanathapuram Police Station, after taking up investigation in the case, proceeded to the scene of occurrence at 4.00 a.m., on 4.6.2006 and caused photographs of the scene place. He prepared an Observation Mahazar, Ex.P-1 and also drew a rough sketch, Ex.P-13 in the presence of P.W.7 and another witness. He seized the bloodstained earth, M.O.1 and the sample earth, M.O.2 under the mahazar, Ex.P-2 in the presence of the same witnesses at 7.00 a.m. Thereafter, he went to Government Coimbatore Medical College & Hospital and recorded the statement of the injured at 8.00 a.m. He examined P.Ws.1 & 2, mother and father of the injured, and recorded their statements. He examined P.W.26, the Sub Inspector of Police and the other Police Constables and recorded their statements. He also seized the bloodstained lungi, M.O.5, bloodstained half sleeve shirt, M.O.6 and the bloodstained banian, M.O.7 worn by the injured from P.W.26 under the mahazar, Ex.P-14. He sent the bloodstained earth and the sample earth to the Court under Form-95.